House v. Astrue

500 F.3d 741, 2007 U.S. App. LEXIS 22029, 2007 WL 2683019
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 14, 2007
Docket06-3863
StatusPublished
Cited by83 cases

This text of 500 F.3d 741 (House v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. Astrue, 500 F.3d 741, 2007 U.S. App. LEXIS 22029, 2007 WL 2683019 (8th Cir. 2007).

Opinions

LOKEN, Chief Judge.

Robert House ■ appeals the district court’s1 order affirming the decision of the Commissioner of Social Security to deny House’s application for disability insurance and supplemental security income benefits under Title II, Title XVI, and Title XVIII of the Social Security Act. See 42 U.S.C. §§ 401 et seq., 1381 et seq., 1395c et seq.2 The parties agree that the critical issue on appeal is whether substantial evidence supports the Administrative Law Judge’s (ALJ’s) decision to give “little weight” to a treating physician’s opinions that House cannot tolerate even one hour of prolonged sitting and must have the ability to elevate his legs at least parallel to the ground to avoid worsening the chronic lymphedema condition in his lower left leg. After careful review of the administrative record focused on this issue, we affirm.

House claims that he is disabled from a combination of impairments including chronic lymphedema3 in his lower left leg, recurrent deep vein thrombosis (clotting) in his legs which has caused pulmonary embolisms, obesity, depression, and borderline intellectual functioning. These conditions severely limit his ability to stand and walk. After a hearing, the ALJ denied the claim. The Commissioner’s Appeals Council remanded, primarily for further consideration of the opinions of House’s treating physician, Dr. Bret McFarlin, as those opinions might be elari-fied and supplemented on remand. The ALJ held two additional hearings and again denied the claim, finding that House has severe impairments that leave him unable to perform his past relevant work but is not disabled because he retains the residual functional capacity to perform certain unskilled sedentary jobs such as parking lot cashier, cafeteria cashier, hand packager, and office helper.

The medical evidence in the record reflects that House was hospitalized for three days in March 2001 when he experienced swelling and pain in his lower left leg after working eleven hours the prior day at a construction job. He was bed-rested with the leg elevated and treated with anti-coagulant medications until testing revealed no deep vein thrombosis. Dr. McFarlin stated on a hospital discharge report that House was fitted for compression hose and told to exercise and change his diet; no work restrictions were noted.

On May 28, 2001, House was hospitalized with shortness of breath from a pulmonary embolism. Dr. McFarlin stated in his discharge report that House was released five days later with a prescription for Coumadin, an anti-coagulant, and a work restriction of “[n]o prolonged standing greater than 1-2 hours.” On July 25, he was again hospitalized, this time for six days, for a pulmonary embolism after he stopped taking Coumadin. Dr. McFarlin’s discharge report noted that Coumadin was again prescribed and that House was instructed “about his need to keep active.” [743]*743No work restrictions were noted. In September 2001 Dr. McFarlin saw House for a regular monthly follow-up and noted that his lymphedema was chronic but stable.

In a December 2001 Residual Functional Capacity Assessment, Dr. Lawrence Staples noted that House’s “left lower extremity lymphedema was stabilizing.” Dr. Staples opined that House could lift twenty pounds occasionally and ten pounds frequently, could stand or walk six hours and sit six hours in a work day, and was therefore “capable of work activities.”

In a June 2002 disability letter, Dr. McFarlin described House’s treatment since March 2001 and opined that House had “severely limited range of motion and ability to ambulate, stand for extended periods or time, or bear any significant weight on his left lower extremity.” Dr. McFarlin noted that lymphedema “is a permanent, irreversible state with no satisfying therapy” and therefore House “will be doomed to a life of anticoagulation therapy and a limited physical activity.” In July, Dr. McFarlin’s notes from a periodic check-up stated:

Lymphedema, this appears to be a permanent, irreversible, disabling condition for this individual, greatly limiting his ability to ambulate or pursue meaningful levels of activity. Even two hours of mostly sedentary but standing work will greatly increase his symptoms and diminish his ability to ambulate without assistance. I have encouraged him to again pursue a disability application.

In November 2002, another physician in Dr. McFarlin’s clinic noted that House was “doing very well.” He had lost weight, there was less swelling in his left leg, and he was walking and exercising more. In December, House sprained his ankle while raking leaves. In January 2003, his physical therapist noted he was walking without difficulty, except for the sprained ankle, and was on a home exercise program for strength and cardiovascular fitness. In March 2003, House reported no changes in left leg swelling and said he tries to keep his legs elevated as much as possible. In August 2003, he told a physician’s assistant that his left calf hurt if he danced or walked a lot.

On September 29, 2003, Dr. McFarlin wrote the Iowa Division of Vocational Rehabilitation that House suffers from a “chronic and permanent disabling condition,” explaining that recurrent deep vein thrombosis required “a lifelong course of anticoagulation” and severe lower left leg lymphedema caused swelling and pain that “will greatly limit Mr. House’s ability to perform any meaningful act of employment that might involve walking, standing, ambulating, or lifting to any significant degree.” However, Dr. McFarlin added, it is “not unrealistic to think” that Housé could perform “a sedentary occupation” without worsening his health problem.

House was hospitalized for pneumonia in January 2004. Dr. McFarlin’s discharge report stated that House could return to work. At a May 2004 six-month check-up, House reported no pain in his legs, which he felt were staying the same size. Dr. McFarlin described the lymphedema as stable.

In June 2004, Dr. McFarlin responded to a request from House’s attorney “to clarify prior descriptions” of House’s condition. Dr. McFarlin wrote that his prior use of the word “sedentary” did not mean the Social Security definition, but rather that House “could not be expected to spend significant periods of time ambulating, standing upright, or sitting without aggravating the lymphedema” (emphasis added). Dr. McFarlin then opined that House could not tolerate an eight-hour workday with “any periods of lifting, standing, sitting, or walking for periods of time measured even in multiple minutes, [744]*744let alone hours.” A job involving prolonged periods of sitting “would necessitate a special prosthetic chair with the ability to elevate legs.”

At the November 2004 supplemental hearing, the vocational expert testified that he had never seen a “special prosthetic chair” in the workplace. He opined that the need to elevate one’s legs to waist-level or higher “would preclude employment,” but the need to raise House’s legs onto a box underneath his feet “could be accommodated.” After the hearing, House submitted a second letter from Dr. McFarlin explaining that his reference to a special prosthetic chair was not intended to prescribe a specific chair. “Ideally,” Dr. McFarlin opined, House’s left leg “would be elevated as much as possible ...

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Bluebook (online)
500 F.3d 741, 2007 U.S. App. LEXIS 22029, 2007 WL 2683019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-astrue-ca8-2007.